Monday, July 12, 2021

Relevant Colorado Constitutional Sections Pertaining to Public Schools

 

ARTICLE 9

Section 3.  School fund inviolate. The public-school fund of the state shall, except as provided in this article IX, forever remain inviolate and intact and the interest and other income thereon, only, shall be expended in the maintenance of the schools of the state, and shall be distributed amongst the several counties and school districts of the state, in such manner as may be prescribed by law. No part of this fund, principal, interest, or other income shall ever be transferred to any other fund, or used or appropriated, except as provided in this article IX. The state treasurer shall be the custodian of this fund, and the same shall be securely and profitably invested as may be by law directed. The state shall supply all losses thereof that may in any manner occur. In order to assist public schools in the state in providing necessary buildings, land, and equipment, the general assembly may adopt laws establishing the terms and conditions upon which the state treasurer may (1) invest the fund in bonds of school districts, (2) use all or any portion of the fund or the interest or other income thereon to guaranty bonds issues by school districts, or (3) make loans to school districts. Distributions of interest and other income for the benefit of public schools provided in this article IX shall be in addition to and not a substitute for other moneys appropriated by the general assembly for such purposes.

Section 8.  Religious test and race discrimination forbidden sectarian tenets. No religious test or qualification shall ever be required of any person as a condition of admission into any public educational institution of the state, either as a teacher or student; and no teacher or student of any such institution shall ever be required to attend or participate in any religious service whatsoever. No sectarian tenets or doctrines shall ever be taught in the public school, nor shall any distinction or classification of pupils be made on account of race or color, nor shall any pupil be assigned or transported to any public educational institution for the purpose of achieving racial balance.

As amended by the People, November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974.

Section 15.  School districts board of education. The general assembly shall, by law, provide for organization of school districts of convenient size, in each of which shall be established a board of education, to consist of three or more directors to be elected by the qualified electors of the district. Said directors shall have control of instruction in the public schools of their respective districts.

Section 16.  Textbooks in public schools. Neither the general assembly nor the state board of education shall have power to prescribe textbooks to be used in the public schools.